Highland Cap. Mgmt., L.P., In re
Aug
25
2023
Ruling
Former equity owner of debtor denied leave to file an adversary proceeding based on allegedtrading of allowed claims that had been included in confirmed plan. (Bankr. N.D. Tex.)
Issue(s)
Allowance of Claims or Interests; Reconsideration of Claims for Cause.
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Gage's Granite LLC, In re
Aug
22
2023
Ruling
Consensual Subchapter V plan confirmed as satisfying all necessary requirements. (Bankr.N.D. Tex.)
Issue(s)
Confirmation of Plan; Terms
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Court
:
- 11 U.S.C.
Fore Mach., LLC, In re
Aug
21
2023
Ruling
Landlord was entitled to payment of an administrative expense claim to remove and properlydispose of vats of chemical waste left on the leased premises following rejection of the lease.(Bankr. N.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Time for Assumption or Rejection; Trustee
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Fresh Acquisitions, LLC, In re--Gonzales v. SZTX Invs., LLC
Aug
01
2023
Ruling
Post-petition transfers of property of the estate to an insider in connection with fees and costsfor a debtor-in-possession financing were avoidable as not authorized by the DIP order.(Bankr. N.D. Tex.)
Issue(s)
Post-petition Transactions; Trustee’s Power to Avoid Transfers.
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Molinar, In re--Amex Elec. Servs. Dallas-Fort Worth, Inc. v. Molinar
Jul
07
2023
Ruling
Subcontractor's claim failed where it had not shown that trust funds were misapplied and hadnot satisfied the scienter requirement with respect to the debtor. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Highland Capital Mgmt., L.P., In re
Jun
16
2023
Ruling
Motion to exclude expert testimony and evidence in proposed adversary proceeding regardingpost-confirmation, pre-effective date, purchases of claims granted. (Bankr. N.D. Tex.)
Issue(s)
Contested Matters.
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Court
:
- 11 U.S.C.
Maddox, In re--We Sell Rests., Inc. v. Maddox
Jun
07
2023
Ruling
Debt was nondischargeable as debtor as an independent contractor did not owe plaintiff a fiduciary duty and plaintiff's belief and testimony that defendant must have embezzled property was not sufficient to except the debt from discharge. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Higgins AG, LLC, In re
May
31
2023
Ruling
Plan could be confirmed by court even if less than all creditors or classes accepted the plan and, in such an instance, the plan would still be binding on those creditors or classes that rejected the plan. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan; Requirements; Impaired Classes.
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Court
:
- 11 U.S.C.
Buck, In re
May
11
2023
Ruling
Debt was not nondischargeable despite debtor's failure to schedule the claim or timely list the creditor on the official creditor matrix due to lack of prejudice to creditor. (Bankr. N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled; Preventing Timely Filing of Proof of Claim.
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Court
:
- 11 U.S.C.
Northwest Senior Hous. Corp., In re
Apr
07
2023
Ruling
Confirmation of debtors' plan was warranted as the plan was proposed with the legitimate and honest purpose of maximizing the value of the debtors' assets and distributions to creditors. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.
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